August 1, 2007, Introduced by Reps. Hammon, Young, Melton, Hammel, Johnson, Alma Smith, Clack, Valentine, Ball, Scott, Meadows, Constan, Bieda, Sheltrown, Byrum, LeBlanc, Ebli, Lemmons, Lindberg, Bauer, Simpson, Tobocman, Coulouris, Corriveau, Bennett, Polidori, Griffin, Espinoza, McDowell, Hood, Accavitti, Wojno, Donigan, Vagnozzi, Meisner and Gonzales and referred to the Committee on Education.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12601 and 12611 (MCL 333.12601 and 333.12611),
section 12601 as amended by 1988 PA 315 and section 12611 as
amended by 1993 PA 217, and by adding section 12603a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12601. (1) As used in this part:
(a) "Child caring institution" and "child care center" mean
those
terms as defined in section 1 of Act No. 116 of the Public
Acts
of 1973, being section 722.111 of the Michigan Compiled Laws
1973 PA 116, MCL 722.111.
(b) "College dormitory" means a dormitory operated by a
degree- or certificate-granting public or independent nonprofit
university, college, community college, or junior college.
(c) (b)
"County medical care
facility" means that term as
defined in section 20104.
(d) (c)
"Educational facility"
means a building owned, leased,
or under the control of a public or private school system, college,
or university.
(e) (d)
"Food service
establishment" means a food service
establishment
as defined in section 12901 1107
of the food law of
2000, 2000 PA 92, MCL 289.1107.
(f) (e)
"Health facility" means a
health facility or agency
licensed under article 17, except a home for the aged, nursing
home, county medical care facility, hospice, or hospital long-term
care unit.
(g) (f)
"Home for the aged" means
that term as defined in
section 20106.
(h) (g)
"Hospice" means that term
as defined in section 20106.
(i) (h)
"Hospital long-term care
unit" means that term as
defined in section 20106.
(j) (i)
"Licensed premises" means
any portion of a building,
structure, room, or enclosure in which alcoholic liquor may be sold
for consumption on the premises pursuant to a license issued by the
Michigan liquor control commission.
(k) (j)
"Meeting" means a meeting
as defined in section 2 of
the
open meetings act, Act No. 267 of the Public Acts of 1976,
being
section 15.262 of the Michigan Compiled Laws 1976 PA 267, MCL
15.262.
(l) (k)
"Nursing home" means that
term as defined in section
20109.
(m) (l) "Public
body" means a public body as defined in section
2
of the open meetings act, Act No. 267 of the Public Acts of 1976
1976 PA 267, MCL 15.262.
(n) (m)
"Public place", except as
otherwise provided in
subsection
(2), means both any of the following:
(i) An enclosed, indoor area owned or operated by a state or
local governmental agency and used by the general public or serving
as a place of work for public employees or a meeting place for a
public body, including an office, educational facility, home for
the aged, nursing home, county medical care facility, hospice,
hospital long-term care unit, auditorium, arena, meeting room, or
public conveyance.
(ii) An enclosed, indoor area which that is
not owned or
operated by a state or local governmental agency, is used by the
general public, and is 1 of the following:
(A) An educational facility.
(B) A home for the aged, nursing home, county medical care
facility, hospice, or hospital long-term care unit.
(C) An auditorium.
(D) An arena.
(E) A theater.
(F) A museum.
(G) A concert hall.
(H) Any other facility during the period of its use for a
performance or exhibit of the arts.
(o) (n)
"Smoking" or
"smoke" means the carrying by a person of
a lighted cigar, cigarette, pipe, or other lighted smoking device.
(2) Public place does not include a private, enclosed room or
office occupied exclusively by a smoker, even if the room or
enclosed office may be visited by a nonsmoker.
(3) In addition, article 1 contains general definitions and
principles of construction applicable to all articles of this code.
Sec. 12603a. An individual shall not smoke in a college
dormitory.
Sec. 12611. A person An individual who violates section
12603(1), 12603a, or 12604a or a person or state or local
governmental agency that owns or operates a public place and that
violates
section 12605 or 12607 shall be directed to comply with
this part and is subject to a civil fine of not more than $100.00
for a first violation and not more than $500.00 for a second or
subsequent violation.